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Madras High CourtWP/21714/2015dismissed

E.Murugesan, v. The Registrar Of Co-Operative

2015-07-21Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21714 of 2015 and M.P.Nos.1 and 2 of 2015

1. E.Murugesan

2. G.Shanmugam

3. A.Senthil Kumar

4. A.Sundarrajan

5. S.Saraswathi ... Petitioners Vs.

1. The Registrar of Co-operative Societies, 170, E.V.R. Periyar Road, Kilpauk, Chennai-10.

2. Thiruvannamalai District Central Co-operative Bank Ltd., Rep. by its Joint Registrar / Managing Director, No.9, 6th Street, Gandhi Nagar, Thiruvannamalai.

... Respondents Prayer :- Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the seniority list dated 29.06.2015 and the promotion order dated 01.07.2015 and set aside the said orders dated 29.06.2015 and 01.07.2015 and consequently direct the second respondent to effect the promotion to the post of Assistant Manager from the post of Assistant on the basis of the seniority list dated 23.12.2010 based on the employee code number.

For Petitioners :

Mr.P.Anbarasan For Respondents :

Mr.L.P.Shanmuga Sundaram, Special Government Pleader (Co-op) - - - - - https://hcservices.ecourts.gov.in/hcservices/

ORDER

The prayer in the writ petition is against the Co-operative Society. The writ petition is not maintainable as against cooperative society in view of the larger Bench Judgment of this Court in the case of K.Marappan vs. The Deputy Registrar of Cooperative Societies, Namakkal and another reported in 2006 (4) CTC 689. Hence, the Writ Petition stands dismissed. However, the dismissal of the writ petition will not preclude the petitioners from approaching the revisional authority under Section 153 of the Tamil Nadu Co-operative Societies Act. No costs. The connected Miscellaneous Petitions are closed.

-s/dAssistant Registrar(CSIII) dt:04/08/2015 True Copy Sub-Assistant Registrar jrl To

1. The Registrar of Co-operative Societies, 170, E.V.R. Periyar Road, Kilpauk, Chennai-10.

2. Thiruvannamalai District Central Co-operative Bank Ltd., Rep. by its Joint Registrar / Managing Director, No.9, 6th Street, Gandhi Nagar, Thiruvannamalai.

+1 cc to Mr.L.P.Shanmugasundaram Advocate sr.36760 +1 cc to Mr.P.Anbarasan Advocate sr.36629 W.P.No.21714 of 2015 aa05/08/2015 https://hcservices.ecourts.gov.in/hcservices/